On September 3, 2024, the Dutch Data Protection Authority (AP) imposed a hefty fine of €30.5 million on Clearview AI, an American facial recognition company, for illegal data collection practices.
Clearview, which scrapes billions of facial images from the internet without consent, created a vast database of photos, including those of Dutch individuals, which were converted into biometric codes for use by intelligence and investigative services.
The AP also warned that the use of Clearview’s services is illegal within the European Union.
Invasive Technology and Privacy Concerns
Facial recognition technology is inherently invasive, and according to AP chairman Aleid Wolfsen, it poses significant privacy risks.
Even if a person’s photo is publicly available on the internet, they could end up in Clearview’s database without their knowledge, potentially compromising their privacy.
Wolfsen emphasized that the use of such technology by commercial companies, especially without consent, is unacceptable, urging a clear distinction between authorized use by law enforcement and commercial misuse.
Clearview’s Violations of GDPR
The AP found that Clearview violated several provisions of the General Data Protection Regulation (GDPR).
The company illegally created a database of biometric data, including facial photos and unique biometric codes.
The collection of such biometric data, similar to fingerprints, is prohibited unless certain legal exceptions apply, which Clearview failed to meet.
Additionally, Clearview did not sufficiently inform individuals whose data was collected, nor did it provide access to the data as required by GDPR, further violating privacy rights.
Penalties and Future Actions
In addition to the €30.5 million fine, Clearview faces potential penalty payments of up to €5.1 million if it does not cease its violations.
Despite fines from other European regulators, Clearview has continued its illegal practices, prompting the AP to explore ways to hold the company’s directors personally liable for these violations.
Wolfsen stated that Clearview must stop violating European privacy rights and warned that the AP would investigate holding management accountable for failing to prevent these breaches.
Clearview has not contested the fine, meaning it cannot appeal the decision.
The AP’s actions reflect a broader effort to curb the misuse of facial recognition technology and enforce strict privacy regulations to protect individuals’ rights in the digital age.
